LAWS(JHAR)-2019-3-96

CENTRAL COALFIELDS LIMITED Vs. PRASHANT KUMAR ORAON

Decided On March 14, 2019
CENTRAL COALFIELDS LIMITED Appellant
V/S
Prashant Kumar Oraon Respondents

JUDGEMENT

(1.) The appellant-M/s Central Coalfields Limited (hereinafter referred to as M/s CCL) has challenged the order dated 10.02.2017 passed in W.P.(S) No. 2683 of 2016 by which a direction has been issued to the appellant-M/s CCL to consider the claim for compassionate appointment of the respondent-writ petitioner (hereinafter referred to as respondent).

(2.) Initial claim of the respondent for compassionate appointment was declined by M/s CCL vide order dated 29.02.2016 on the ground that he has crossed the maximum age for appointment, that is, 35 years.

(3.) The learned writ Court has interfered with the order dated 29.02.2016 on three grounds; (i) fixation of age of the respondent as 14.10.1980 on the basis of his age assessed by the Apex Medical Board as arbitrary, (ii) date of birth of the claimant cannot be fixed on an imaginary ground, and (iii) age of the respondent whose mother was an illiterate women can differ by 2 to 3 years.